Cardona-Rodriguez

Cardona-Rodriguez v. Ashcroft

Good Law
115 F. App'x 388
United States Court of Appeals for the Ninth CircuitDecember 14, 2004No. 03-71271California414 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Raul Cardona-Rodriguez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ’s”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review the IJ’s decision as the final agency decision. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review the IJ’s factual findings under the substantial evidence standard, Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003), and review de novo due process challenges to final orders of removal, Colmenar v. *389 INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition.

Cardona-Rodriguez testified that drug traffickers attacked and shot him and his family after they reported an illegal drug delivery to the police. He contends that the traffickers attacked them because of an imputed “anti-drug trafficker political opinion.”

Cardona-Rodriguez does not provide evidence to support his contention that an anti-drug stance would be perceived as political by the traffickers that attacked…

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